RM v R [2015] NSWDC 377

RM v R [2015] NSWDC 377

The appellant was not a mentally ill or mentally disordered offender at the time of sentence, so the public interest required punishment according to law rather than disposition under the Mental Health legislation. However, since sentence there had been significant changed circumstances: the appellant had obtained more demanding and better paid employment, voluntarily increased compensation payments, was undertaking charitable work, had strong remorse, posed an unlikely risk of reoffending, and Community Corrections could not identify appropriate community service work compatible with his circumstances. It was therefore appropriate to set aside the community service sentences for...

Jurisdiction
Australia
Judgment Date
18 November 2015
Procedural Posture
Criminal Severity Appeal / Appeal to the District Court of New South Wales From Sentences Imposed in the Downing Centre Local Court After Guilty Pleas
Outcome
Appeal allowed in part; sentences for sequences 1 to 5 and 7 to 9 set aside and replaced with four-year good behaviour bonds; compensation orders confirmed; appeal against sentences for sequences 6 and 10 dismissed.
Legal Topics
['dishonestly Obtain Financial Advantage by Deception' 'severity Appeal' 'good Behaviour Bond' 'community Service Order' 'section 32 Mental Health Diversion' 'compensation Orders']
['criminal Law' 'sentencing' 'mental Health Law'] ['dishonestly Obtain Financial Advantage by Deception' 'severity Appeal' 'good Behaviour Bond' 'community Service Order' 'section 32 Mental Health Diversion' 'compensation Orders']

Case Brief

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Procedural Posture

Criminal Severity Appeal / Appeal to the District Court of New South Wales From Sentences Imposed in the Downing Centre Local Court After Guilty Pleas

Legal Issues

  1. 1 ['Whether the sentences imposed by the Chief Magistrate for 10 offences of dishonestly obtaining a financial advantage by deception were too severe.' 'Whether the appellant should have been dealt with under s 32 of the Mental Health legislation.' 'Whether changed circumstances since sentence, including new employment, increased compensation payments, difficulty completing community service work, remorse and low risk of reoffending, justified replacing community service orders with good behaviour bonds.']

Ratio Decidendi

The appellant was not a mentally ill or mentally disordered offender at the time of sentence, so the public interest required punishment according to law rather than disposition under the Mental Health legislation. However, since sentence there had been significant changed circumstances: the appellant had obtained more demanding and better paid employment, voluntarily increased compensation payments, was undertaking charitable work, had strong remorse, posed an unlikely risk of reoffending, and Community Corrections could not identify appropriate community service work compatible with his circumstances. It was therefore appropriate to set aside the community service sentences for...

Court Disposition

Appeal allowed in part; sentences for sequences 1 to 5 and 7 to 9 set aside and replaced with four-year good behaviour bonds; compensation orders confirmed; appeal against sentences for sequences 6 and 10 dismissed.

Orders

  • ['Sentences passed by the Chief Magistrate on 13 July 2015 in respect to sequence number 1 to 5 and 7 to 9 set aside.' 'In respect of each of those offences, pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1990, the appellant is to enter into a bond to be of good behaviour for a period of four years from 18...